Immigration Detainers in Queens

Defining an Immigration Detainer

An immigration detainer is a tool that was created to help Immigration and Customs Enforcement (ICE) officials identify individuals who are housed in jail or prisons who can potentially be deported. In order to activate an immigration detainer, an ICE officer makes an official request to a state or local jail for permission to release an individual from custody. Once the individual is released from the local law enforcement agency, the ICE will take custody and determine if the individual will be deported.

Detainers are not arrest warrants and they are not commands that must be followed. An immigration detainer simply means that you are under investigation to determine whether you are subject to removal from the United States. If you have been charged with a crime and booked into jail, the police will collect information from you, such as your date of birth and country of birth. If you are of foreign-birth, the police may contact the ICE and share your information.

If you are transferred into the custody of an ICE, they are only allowed to detain you for additional 48 hours. You should contact a Queens immigration attorney at our firm if you have been detained beyond the 48 hour time period. We will stand up for your rights under the law and help you seek justice.

Help from a Skilled Queens Immigration Lawyer

One of the main reasons that immigration detainers are used is to detain individuals whom the government suspects of being dangerous or undocumented immigrants. If you have been subject to a detainer and you have been contained longer than the 48 hour time period, there is a good chance that you may be able to file a habeas petition. This petition calls for a state or federal court intervention after the government has unlawfully deprived an individual of his or her liberty. At Musa-Obregon & Associates, we are highly familiar with the laws that can defend your rights against unlawful deprivation of your liberties.

Our legal team will aggressively stand up for your rights both in and out of the courtroom. In the past, individuals who have been detained for a longer period of time than legally allowed have been able to obtain high-value settlements. We will never give up on your case, regardless of your circumstances, so call our firm today for the legal help you need!

Contact a Queens immigration attorney for superior legal representation regarding your immigration detainer.